Premarital Agreement Attorneys in Austin

Why Consider Signing a Prenuptial Agreement?

Though many people think of premarital agreements—also known as prenuptial
agreements or “prenups”—as something reserved only for
the very wealthy, this is simply not the case. In fact, premarital agreements
offer numerous advantages to many couples on the brink of marriage. While
no one likes to think about the potential for divorce, the fact remains
that many marriages in the U.S. end this way. Taking a practical, proactive
approach can provide both you and your spouse with more confidence and
peace of mind as you enter into marriage.

If you wish to speak with a premarital agreement attorney in Austin about
how a premarital agreement may benefit you, reach out to the experienced
legal team at Walters Gilbreath, PLLC. We understand the complexities
of this particular area of law and are prepared to help you navigate the
process from start to finish.

What Do Premarital Agreements Cover?

With some limitations, premarital agreements can include just about any
issue the couple wishes. Typically, they are used to determine which assets/properties
are separate (owned by just one spouse) and which ones are shared by both
spouses. However, this is just one issue that prenuptial agreements can cover.

In Texas, premarital agreements can be used to determine:

Property/asset ownership and rights of each spouse

The rights of either spouse to control, manage, sell, use, etc. certain
properties/assets

How property will be distributed in the event of divorce or the death of
one spouse

Whether or not either spouse has the right to receive alimony

Each spouse’s rights to receive death benefits from the other spouse’s
life insurance policy

These are just some examples of issues that can be covered in a premarital
agreement; almost any issue that does not violate state or federal law
or public policy can be determined with such an agreement. It is important
to note that one thing premarital agreements cannot do is limit or change
the amount of child support one parent would have to pay to the other
in the event of a divorce or change of custody. This is because child
support payments legally belong to the child, not the other parent.

How to Create a Valid Premarital Agreement in Texas

Premarital agreements are considered valid and enforceable in the state
of Texas as long as they meet the requirements set forth by the Uniform
Premarital Agreement Act (UPAA).

These requirements include:

The agreement must be made in writing and signed by both parties

The document must be signed “in contemplation of marriage”

Both parties must sign the document voluntarily

The agreement must be conscionable (or reasonably fair)

If one party is found to have failed to disclose the total value of his
or her estate prior to signing the agreement, the agreement may be found
“unconscionable” and may be unenforceable. A premarital agreement
may also be unenforceable if one party is found to have signed the agreement
unwillingly or while mentally incapable of knowingly entering into the
agreement. This is relatively rare, however, and most premarital agreements
in Texas are valid and enforceable in a court of law.

Contact Walters Gilbreath, PLLC for a Consultation

Premarital agreements can be incredibly beneficial for anyone who wants
to ensure that their future and the future of their family is secure.
Our firm can help you examine the unique factors involved in your particular
situation. Whether you wish to draft a premarital agreement with your
future spouse, have been asked to sign an agreement, or want to make changes
to an existing prenup, our prenuptial agreement attorneys in Austin can help.

Reach out to our firm today and
request your consultation. Call (844) 451-1220 or fill out and submit a contact form to get started.

Brain Walters and Jake Gilbreath both worked on my divorce case which resulted in a very favorable outcome. I recommend Brian and Jake since they are both very experienced and knowledgeable. Questions asked were almost always answered the same day. I highly recommend this law firm.

- Michael V.

Brian and Jake listened carefully to my situation. They prepared all appropriate court documents and filed them the next day. Their staff was pleasant to deal with and very organized. Although I was under a great deal of stress from my spouse's emotional abuse, their prompt and appropriate legal ...

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Great law firm. Very professional. They fought for me and my son. I am pleased with my case. I will highly recommend this law firm. Thank you.

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Mr. Walters has been a lifesaver for me. My ex-wife kidnapped my children and the police would not help me recover them using my custody order. I contacted Brian and we were in front of a judge the next day and my children were returned within hours after that. The proceeding family court case that ...

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Jim is an exceptional attorney with his client's upmost interest at heart. From the beginning, through the time he brought my case to closure, Jim displayed such care and attention to detail. He will shephard you through a very difficult and emotional process with nothing but grace, compassion and ...

- Shannon

Jake Gilbreath has been extremely helpful and impactful in my recent divorce proceedings. Initially my divorce was amicable, but degraded quickly with legal wrangling on the part of my wife's counsel. Immediately after Jake was engaged, things snapped back to a realistic agenda and a prompt ...

Dallas

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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